Reasons for dismissal of an employee without violating the terms of the employment contract
Posted: Wed Jan 29, 2025 8:56 am
1. Dismissal by agreement of the parties
The action is regulated by Article 78 of the Labor Code of the Russian Federation.
The article is very short, and includes only the phrase "An employment contract may be terminated at any time by mutual agreement of the parties to the employment contract." This wording was included in the Labor Code of the Russian Federation in 2006 and implies mutual consent of the parties, as well as a peaceful settlement of the issue of termination of the contract.
The Labor Code does not clearly set out the form of the "agreement" as such, but the provisions of this document are of great importance. They reflect the conditions accepted by both parties upon termination of the contract.
2. Dismissal due to expiration of the employment contract
It is prescribed in Article 79 of the Labor Code of the Russian Federation.
In practice, a fixed-term papua new guinea email list contract is in most cases concluded for the period when the main employee is absent, and another is temporarily hired in his place. The grounds on which this can be done are set out in Article 59 of the Labor Code.
Official documents
Source: shutterstock.com
A fixed-term contract specifies the exact date of its termination. The employer is obliged to notify the employee of the termination of the employment relationship 3 days before this date.
It is not always possible to specify the exact end date of the contract. In this case, the employment relationship continues until the previously agreed conditions are met. For example, this may be the moment when the employee (who is being replaced by a temporary employee) is ready to resume his duties. In this case, the employer does not notify the temporary employee of the termination of the employment relationship; it ends as soon as the main employee returns to work.
To clarify this point, there is a letter from the Federal Service for Labor and Employment dated 31.10.2007 No. 4413-b: "If the end of the annual leave of the main employee becomes known on the day of his return to work, the employment contract is terminated, the employee is paid all amounts due to him, and a work record book is issued. In this case, the day of dismissal will be the last working day preceding the day of the main employee's return from leave. If it is necessary to replace another employee for the period of his absence, a new employment contract is concluded."
The action is regulated by Article 78 of the Labor Code of the Russian Federation.
The article is very short, and includes only the phrase "An employment contract may be terminated at any time by mutual agreement of the parties to the employment contract." This wording was included in the Labor Code of the Russian Federation in 2006 and implies mutual consent of the parties, as well as a peaceful settlement of the issue of termination of the contract.
The Labor Code does not clearly set out the form of the "agreement" as such, but the provisions of this document are of great importance. They reflect the conditions accepted by both parties upon termination of the contract.
2. Dismissal due to expiration of the employment contract
It is prescribed in Article 79 of the Labor Code of the Russian Federation.
In practice, a fixed-term papua new guinea email list contract is in most cases concluded for the period when the main employee is absent, and another is temporarily hired in his place. The grounds on which this can be done are set out in Article 59 of the Labor Code.
Official documents
Source: shutterstock.com
A fixed-term contract specifies the exact date of its termination. The employer is obliged to notify the employee of the termination of the employment relationship 3 days before this date.
It is not always possible to specify the exact end date of the contract. In this case, the employment relationship continues until the previously agreed conditions are met. For example, this may be the moment when the employee (who is being replaced by a temporary employee) is ready to resume his duties. In this case, the employer does not notify the temporary employee of the termination of the employment relationship; it ends as soon as the main employee returns to work.
To clarify this point, there is a letter from the Federal Service for Labor and Employment dated 31.10.2007 No. 4413-b: "If the end of the annual leave of the main employee becomes known on the day of his return to work, the employment contract is terminated, the employee is paid all amounts due to him, and a work record book is issued. In this case, the day of dismissal will be the last working day preceding the day of the main employee's return from leave. If it is necessary to replace another employee for the period of his absence, a new employment contract is concluded."